(July 3, 2024) – CMS Issues Revised Guidance for LTCF
The Centers for Medicare & Medicaid Services issued revised guidance for state survey teams based on the recently finalized minimum staffing rule. The revised guidance focuses on the facility assessment, which should be used to drive staffing decisions.
HHS Announces Cost Savings for 64 Prescription Drugs
The U.S. Department of Health and Human Services announced certain Medicare enrollees will pay less for 64 drugs available through Medicare Part B beginning Monday, July 1. According to HHS, because of the Inflation Reduction Act, "some people with Medicare who use these drugs during this time period may save between $1 and $4,593 per day."
CMS Releases CY 2025 Proposed ESRD PPS Payment and Policy Update
The Centers for Medicare & Medicaid Services released the proposed calendar year 2025 Medicare End-Stage Renal Disease Prospective Payment System payment and policy updates. CMS estimates Medicare will pay approximately $7.2 billion during CY 2025, including a rate increase of 0.8 percent. The rule includes proposals for the ESRD quality incentive payment program, ESRD conditions of coverage and changes to the payment for renal dialysis services furnished to individuals with acute kidney injury. Comments about the proposed rule will be accepted through Monday, Aug. 26.
CMS Releases CY 2025 Proposed Home Health Payment and Policy Update
The Centers for Medicare & Medicaid Services released the Medicare Home Health proposed payment and policy updates for the calendar year 2025. CMS estimates the proposed rule would increase home health payments by 2.5 percent, or $415 million. However, CMS' rate adjustments consist of a $595 million decrease due to "behavior adjustments" and a $100 million decrease that reflects the proposed fixed dollar loss. Once factoring in the payment offsets, CMS estimates a net decrease of 1.7 percent, or $280 million. Comments about the proposed rule will be accepted through Monday, Aug. 26.
Texas Court Invalidates OCR Guidance on Website Tracking Technologies
Last week, the U.S. District Court for the Northern District of Texas ruled the U.S. Department of Health and Human Services' Office of Civil Rights guidance regarding hospitals' use of third-party vendors to track website activity was invalid. The plaintiffs included the American Hospital Association and the Texas Hospital Association, who challenged OCR guidance asserting that allowing technology vendors access to public-facing websites would violate HIPAA where the vendor had access to a user's IP address and search history, which may involve information about health conditions.
During the litigation, OCR revised its guidance to narrow the scope of possible HIPAA violations, but the court held that the new bulletin unlawfully exceeded the agency's authority.
Supreme Court Eliminates Deference to Agency Action
The U.S. Supreme Court invalidated a decades-old standard for evaluating executive branch agency action. The Chevron doctrine required courts reviewing agency rulemaking and administrative proceedings to defer to the agency's subject matter expertise in interpreting and applying ambiguous federal statutes. Under the ruling, courts must exercise their independent judgment in deriving the meaning of statutory provisions. The ruling is expected to profoundly impact federal agencies' power and scope of authority over-regulated industries.
Before You Go ...
The Health Resources and Services Administration announced $4 million in available funding for the Rural Hospital Stabilization Pilot Program. Grant funds will be used to provide in-depth technical assistance to rural hospitals to enhance and/or expand service lines to ensure local access to care and improve hospital finances. Grant applications are due Friday, July 26.